Statement calling on the introduction of legislation against discrimination on the grounds of sexual orientation, gender identity and intersex status in Hong Kong
It is now more than one year since the publication of the Study on Legislation against Discrimination on the Grounds of Sexual Orientation, Gender Identity (SOGI) and Intersex Status on 26 January 2016. The Study was commissioned by the Equal Opportunities Commission and conducted by the Gender Research Centre (GRC) of the Hong Kong Institute of Asia-Pacific Studies at The Chinese University of Hong Kong (CUHK).
The Study findings indicated that there is evidence of widespread discrimination against Lesbian, Gay, Bisexual, and Transgender and Intersex (LGBTI) people in all aspects of their public life in Hong Kong and evidence that there is now significant and majority public support for the introduction of LGBTI legislation; provided comparative analysis from other jurisdictions of how the legislation could be constructed; and recommended that the Government commence consultation on introducing LGBTI anti-discrimination legislation.
Today also marks the publication of the report from the second international conference on LGBTI rights organised by the European Union Office (EU) Office to Hong Kong and Macao, the Gender Research Centre of the Hong Kong Institute of Asia-Pacific Studies at The Chinese University of Hong Kong, the German Consulate, and with the support of the EOC. The conference examined the relationship between LGBTI rights to non-discrimination, and the right to freedom of religion. International experts from Asia and the European Union highlighted that legal, policy and social solutions can be found to reconciling those rights.
The parties to this statement therefore call on the Government to ensure the equal opportunities of LGBTI people in Hong Kong, by committing to starting public consultation and introducing legislation against discrimination on the grounds of sexual orientation, gender identity and intersex status as soon as possible.
It is now 25 years since the decriminalization of consensual same-sex sexual activity in Hong Kong in 1991. Yet, there is still no comprehensive anti-discrimination legislation on the grounds of sexual orientation, gender identity and intersex status in Hong Kong.
As the United Nations has stated, the right to equality and non-discrimination of all groups in society is a fundamental human right, including for LGBTI people.
The United Nations has also recommended that all Member States introduce comprehensive anti-discrimination legislation covering sexual orientation, gender identity and intersex status, and it has repeatedly recommended to the Hong Kong Government to introduce LGBT anti-discrimination legislation.
Therefore, the discussion needs to move from the question of whether or not there should be legislation on the grounds of sexual orientation, gender identity and intersex status, to that of how such legislation should be designed and implemented.
Equal Opportunities Commission
Gender Research Centre of the Hong Kong Institute of Asia-Pacific Studies at The Chinese University of Hong Kong
 Equal Opportunities Commission, http://www.eoc.org.hk/eoc/upload/ResearchReport/20161251750293418312.pdf
 “LGBTI rights and freedom of religion in Hong Kong and the European Union”, 28 November 2016. https://eeas.europa.eu/delegations/hong-kong/21655/report-second-international-conference-lgbti-equality-lgbti-rights-and-freedom-religion-hong_en
 Human Rights Council, seventeenth session, 14 July 2011, A/HRC/RES/17/19l and Discrimination and violence against individuals based on their sexual orientation and gender identity, Human Rights Council, UN High Commissioner for Human Rights, 4 May 2015, A/HRC/29/23.
 Report of the United Nations High Commissioner for Human Rights, 17 November 2011, A/HRC/19/41, http://www2.ohchr.org/english/bodies/hrcouncil/docs/19session/a.hrc.19.41_english.pdf; and Discrimination and violence against individuals based on their sexual orientation and gender identity, Human Rights Council, UN High Commissioner for Human Rights, 4 May 2015, A/HRC/29/23, paragraph 79(c).
 For example, UN Human Rights Committee, CCPR/C/CHN-HKG/CO/3 paragraph 23, dated 29 April 2013. http://www.cmab.gov.hk/doc/en/documents/policy_responsibilities/the_rights_of_the_individuals/Advance_Version_2013_ICCPR_e.pdf